I am a NRI(Australia) husband.
My wife has filed a DV case in one court as well as 498a & 406 in CAW Cell - usual process. DV has has been going on since last year and we have not attended since all of the family members are abroad. The case has gone to ex-part CE(Cross Examination) stage. We have taken Paid advice from multiple lawyers and everyone is giving thier opinion and different from other and non conclusive so I am here. I understand no one can tell me exactly what judge can order, so my questions are:
- Can you please tell me the next STEPS will be followed by court?
- My wife doesn't have the proofs of my income then how much maintenance court will order?
- My mother had a flat under her name which we have transferred to our relative after the case was registered and currently rented by other relative. Can anything be done to this by court?
- We have an ancestral agriculture land under the names of 8 different FAMILIES members - so not yet separated on papers, My self and my mother has the name on the bahi(land book) -- Can this be attached and auction by court and give to my wife?
- Another piece of land/plot from village was again combined and my mother has sold her share by doing BENAMA but this does reflect on bahi - Can this be attached and auction by court and give to my wife?
Simultaneously mediation is in process for 498a case. But I just want to prepare myself for the worst just in case mediation doesn't work. I understand all of you suggest to contest the case and appear in court, but as you know if I come to India then I have to face police harasement as well as payment to them also I may not be able to come back and eventually loose my job here. Even the court allow me to come back then I will have to appear time to time. Also I will have to start giving maintenance and start funding my wife to fight against me which I don't want.